Neighbours gutters

DanDare999

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

Yes, a set time as part of the PON is a good idea.

But, then what? 

That's what I asked. Sitting back and allowing the damage to be caused because you say the OP will win in court isn't a good idea. The OP needs to take positive reasonable steps to protect their property. 

Like what?

Can't you read? Divert or cap.

I can read.

And what would diverting or capping do?

I'll let you work that one out.

Create a risk of causing damage to the neighbour's property, for which Gerry would be liable?

Did I get it right? I did, didn't I?

So your answer is? Not mitigate damage to the OP's property cause the neighbour will be found liable?

Bendy_House

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

Yes, a set time as part of the PON is a good idea.

But, then what? 

That's what I asked. Sitting back and allowing the damage to be caused because you say the OP will win in court isn't a good idea. The OP needs to take positive reasonable steps to protect their property. 

Like what?

Can't you read? Divert or cap.

I can read.

And what would diverting or capping do?

I'll let you work that one out.

Create a risk of causing damage to the neighbour's property, for which Gerry would be liable?

Did I get it right? I did, didn't I?

So your answer is? Not mitigate damage to the OP's property cause the neighbour will be found liable?

Could you possibly answer my previous Q, please?

DE_612183

guys - this conversation is not helping the OP

Bendy_House

DE_612183 said:

guys - this conversation is not helping the OP

I think it is - Gerry needs advice he can rely on, and won't get him into bother.

DanDare999

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

Yes, a set time as part of the PON is a good idea.

But, then what? 

That's what I asked. Sitting back and allowing the damage to be caused because you say the OP will win in court isn't a good idea. The OP needs to take positive reasonable steps to protect their property. 

Like what?

Can't you read? Divert or cap.

I can read.

And what would diverting or capping do?

I'll let you work that one out.

Create a risk of causing damage to the neighbour's property, for which Gerry would be liable?

Did I get it right? I did, didn't I?

So your answer is? Not mitigate damage to the OP's property cause the neighbour will be found liable?

Could you possibly answer my previous Q, please?

You've not answered my original one, how long does the OP let this go on for?

They know damage may be caused to their property if it's not sorted, so why would they win in court?

Bendy_House

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

Yes, a set time as part of the PON is a good idea.

But, then what? 

That's what I asked. Sitting back and allowing the damage to be caused because you say the OP will win in court isn't a good idea. The OP needs to take positive reasonable steps to protect their property. 

Like what?

Can't you read? Divert or cap.

I can read.

And what would diverting or capping do?

I'll let you work that one out.

Create a risk of causing damage to the neighbour's property, for which Gerry would be liable?

Did I get it right? I did, didn't I?

So your answer is? Not mitigate damage to the OP's property cause the neighbour will be found liable?

Could you possibly answer my previous Q, please?

You've not answered my original one, how long does the OP let this go on for?

And I replied that your suggestion of a time-limit could be a good one - but Gerry would then need to act when the time is up, and in a legal manner.

Over to you - what would diverting or capping do?

Bendy_House

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

DanDare999 said:

Bendy_House said:

Yes, a set time as part of the PON is a good idea.

But, then what? 

That's what I asked. Sitting back and allowing the damage to be caused because you say the OP will win in court isn't a good idea. The OP needs to take positive reasonable steps to protect their property. 

Like what?

Can't you read? Divert or cap.

I can read.

And what would diverting or capping do?

I'll let you work that one out.

Create a risk of causing damage to the neighbour's property, for which Gerry would be liable?

Did I get it right? I did, didn't I?

So your answer is? Not mitigate damage to the OP's property cause the neighbour will be found liable?

Could you possibly answer my previous Q, please?

They know damage may be caused to their property if it's not sorted, so why would they win in court?

When you consider what Gerry's problem is here, and how it occurred, are you really suggesting the answer is to do the same thing back?

JC says 'Hi', by the way.

Bendy_House

Gerry, I don't think you've answered whether you have LegProt on your house insurance? If you do, then call them up ASAP - it's EXACTLY what it's for!

Even if you don't, I think you should still call up your insurance company and explain what's happened, and how you fear damage may be caused to your property as a result. I am pretty sure they will advise you what to do, as they will be very keen to avoid a claim, and equally keen to be in the position of passing the claim to a third party. I would suggest that, since you know of a potential issue, you have a duty to report it.

I would hope/expect that they would assist you, possibly even getting their legal dept to pen a letter to give to the neighbour.

Bendy_House

DanDare999 said:

Bendy_House said:

Gerry, I don't think you've answered whether you have LegProt on your house insurance? If you do, then call them up ASAP - it's EXACTLY what it's for!

Even if you don't, I think you should still call up your insurance company and explain what's happened, and how you fear damage may be caused to your property as a result. I am pretty sure they will advise you what to do, as they will be very keen to avoid a claim, and equally keen to be in the position of passing the claim to a third party. I would suggest that, since you know of a potential issue, you have a duty to report it.

I would hope/expect that they would assist you, possibly even getting their legal dept to pen a letter to give to the neighbour.

How long do you suggest they let this drag on potentially causing £1000's of damage to their home?

If the neighbours procrastinate beyond the deadline, or if it starts to rain to the point that this causes Gerry's gutters to overflow, then he needs to move to the next stage - a letter before action. Or, if bad enough, engage a solicitor.

He will, after all, have fully covered himself by his thoughtful and reasonable behaviour, and correct use of a PON.

I am hopeful, tho', that either his insurance will help him to apply pressure (the more I think about it, the more clear I believe he should contact them right away), or else the neighbours will simply realise they are in a spot of bother when they read his PON, and will know the game is up, and fix the issue. I mean, if you were that misguided neighbour, DD, and had added a DP to your neighbour's gutter, what would you make of a PON delivered by your neighb? Honestly.

I wouldn't be hopeful of a resolution if Gerry simply diverted the water back to cause potential damage to their property instead. Even if the neighbours backed down, I don't think Gerry will be receiving any more Chrimbo cards from them.

I sense from his posts that Gerry is a very decent bloke, and I suspect he just wouldn't be happy to start sending cascades back over his neighbs.

It's amazing how much you can sense about folk on here when you haven't even met them.

DanDare999

Bendy_House said:

DanDare999 said:

Bendy_House said:

Gerry, I don't think you've answered whether you have LegProt on your house insurance? If you do, then call them up ASAP - it's EXACTLY what it's for!

Even if you don't, I think you should still call up your insurance company and explain what's happened, and how you fear damage may be caused to your property as a result. I am pretty sure they will advise you what to do, as they will be very keen to avoid a claim, and equally keen to be in the position of passing the claim to a third party. I would suggest that, since you know of a potential issue, you have a duty to report it.

I would hope/expect that they would assist you, possibly even getting their legal dept to pen a letter to give to the neighbour.

How long do you suggest they let this drag on potentially causing £1000's of damage to their home?

If the neighbours procrastinate beyond the deadline, or if it starts to rain to the point that this causes Gerry's gutters to overflow, then he needs to move to the next stage - a letter before action. Or, if bad enough, engage a solicitor.

He will, after all, have fully covered himself by his thoughtful and reasonable behaviour, and correct use of a PON.

I am hopeful, tho', that either his insurance will help him to apply pressure (the more I think about it, the more clear I believe he should contact them right away), or else the neighbours will simply realise they are in a spot of bother when they read his PON, and will know the game is up, and fix the issue. I mean, if you were that misguided neighbour, DD, and had added a DP to your neighbour's gutter, what would you make of a PON delivered by your neighb? Honestly.

I wouldn't be hopeful of a resolution if Gerry simply diverted the water back to cause potential damage to their property instead. Even if the neighbours backed down, I don't think Gerry will be receiving any more Chrimbo cards from them.

I sense from his posts that Gerry is a very decent bloke, and I suspect he just wouldn't be happy to start sending cascades back over his neighbs.

It's amazing how much you can sense about folk on here when you haven't even met them.

So what about the damage to the OP's home whilst legal letters are going back and forward. Not to mention a lengthy wait for a court hearing?

Surely the OP needs to limit damage to their home now they know about the potential damage?

Allowing the potential for damage to the OP's home is negligent on their behalf is it not?

Give the neighbours 14 days to rectify the problem or access to the gutter will be stopped.